The defendants brought a motion to strike the plaintiffs' pleadings and dismiss the action due to the plaintiffs' abusive and vexatious conduct, including repeated breaches of court orders and failure to pay $145,000 in outstanding cost orders.
The court found the plaintiffs, particularly Andrew Rogerson (a self-represented barrister), had flagrantly disregarded court orders, delayed the action, and consumed excessive judicial resources.
Despite the minor plaintiff's claim, the court balanced the need for adjudication on merits against the undermining of justice.
The motion was granted, staying the action immediately, with a condition that pleadings would be struck and the action dismissed if the outstanding costs were not paid within 30 days.
